Written Answers Nos. 170-177
170. Deputy Terence Flanagan asked the Minister for Justice and Equality his plans to introduce a system of earned regularisation for the undocumented migrants living here; and if he will make a statement on the matter. [54493/13]
Amharc ar fhreagra173. Deputy Thomas Pringle asked the Minister for Justice and Equality if he will consider the introduction of an earned regularisation scheme that would give undocumented migrants and their families living here an opportunity to earn their way to permanent residency status; and if he will make a statement on the matter. [54533/13]
Amharc ar fhreagraI propose to take Questions Nos. 170 and 173 together.
I refer the Deputy to my reply below to Parliamentary Questions Nos. 448, 449, 453, & 455 of 17 December 2013 which sets out the position in relation to the issues raised.
Reply to Parliamentary Questions Nos. 448, 449, 453, & 455 of 17 December 2013.
I am familiar with the ongoing campaign in this area but at present my Department have no plans to introduce any form of a so-called earned regularisation scheme. It remains the responsibility of all non-EEA nationals who are resident in the State to ensure that they have an appropriate permission from the Minister for Justice and Equality and the great majority of migrants comply with this condition. It does not follow logically that the solution to illegal migration is for the Irish State to reward those who engage in it.
If a person is undocumented his/her case can be considered on its merits by officials in the Irish Naturalisation and Immigration Service of my Department and part of this consideration involves looking at the extent to which the person's situation is through no fault of his/her own. Sometimes this consideration will result in a positive outcome for the applicant. In other cases, the decision by the Irish authorities, subject to the oversight of our Courts, would be that the person has to go home. That decision should be respected.
Broad regularisation programmes are problematic. They could give rise to unpredictable and potentially very costly impacts across the full range of public and social services. At EU Level, the Member States, in agreeing the European Pact on Immigration and Asylum at the European Council in October 2008 made specific commitments "to use only case-by-case regularisation, rather than generalised regularisation, under national law, for humanitarian or economic reasons". While the Pact is not legally binding, the political commitment among Member States, then and now, is clearly against any form of process that would in any way legitimise the status of those unlawfully present without first examining the merits of their individual cases. In our case there are also significant considerations based on maintaining the integrity of the Common Travel Area with the UK which must be taken into account.
Any significant departure from well established policies in this respect would have a major impact on the operation of the Common Travel Area both here and in the United Kingdom.
Finally, I note that a figure of 30,000 is cited on the number of illegal immigrants in the State; by definition it is impossible to state with any accuracy the number of persons without lawful permission to remain in the State and in this respect, Ireland is no different to any other country.
171. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans to review our conveyancing laws in relation to the legal requirement to attain the written permission from those persons who share the lane-road, before a person can sell a site with access onto that lane-road. [54507/13]
Amharc ar fhreagraI take it that the Deputy is referring to statutory provisions concerning the registration of easements in the Land and Conveyancing Law Reform Act 2009, as amended by the Civil Law (Miscellaneous Provisions) Act 2011.
The position is that Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 updated the law concerning the acquisition of easements, including rights of way, based on recommendations of the Law Reform Commission. Section 35 of the Act, which entered into operation on 1 December 2009, contained specific provisions in respect of easements acquired by prescription, i.e. acquired on the basis of long enjoyment of the easement concerned. It originally provided that such an easement would be acquired at law only on registration in the Land Registry or the Registry of Deeds of a court order under that section.
Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011 contain amendments to the 2009 Act and the Registration of Title Act 1964 which simplify the procedures for acquiring easements based on prescription. The amendments permit the Property Registration Authority (PRA) to register such an easement without a court order under section 35 of the 2009 Act where it is satisfied that there is an entitlement to it. Where the PRA is not satisfied that there is such an entitlement, such as where there is disagreement between the parties concerned, a court order under section 35 of the 2009 will continue to be required. This is similar to the procedure which applies in respect of applications for registration of title based on adverse possession of the land.
The updated rules applicable to the new arrangements are set out in the Land Registration Rules 2012 (S.I. No. 483 of 2012) and 2013 (S.I. No. 389 of 2013) which are available on the PRA web site (www.prai.ie).
I have no plans at present to make further amendments to the law in relation to easements as set out in Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964.
172. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if his Department will consider the application for funding from an organisation (details supplied) in County Donegal; and if he will commend those involved in this ground breaking pilot scheme. [54521/13]
Amharc ar fhreagraI can advise the Deputy that an application for funding has been received by my Department from the organisation referred to and is currently under examination.
174. Deputy Michael McGrath asked the Minister for Justice and Equality if there is a limit to the number of occasions a person can avail of free legal aid; and if he will provide details of the means testing system in place prior to the sanctioning of free legal aid. [54569/13]
Amharc ar fhreagraAs the Deputy may be aware the provision of legal aid falls within two separate categories, i.e criminal legal aid and civil legal aid. Details in respect of each category are as follows:
Civil Legal Aid
The Civil Legal Aid Act (as amended) does not place a limit on the number of times a person may avail of civil legal aid. The granting of civil legal aid is the responsibility of the Legal Aid Board and civil legal aid is only granted in cases where the application meets the merits test as set out in the legislation. In addition, the applicant must also be financially eligible to qualify for the service. Currently, this means that an applicant cannot have disposable income of more than €18,000 per annum and disposable capital assets of more than €100,000. Disposable income and capital are calculated in accordance with the Civil Legal Aid Regulations. More detailed information on financial eligibility and the merits test for civil legal aid is available on the Legal Aid Board's website, www.legalaidboard.ie.
Criminal Legal Aid
The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. I have no function in these matters which are determined by the judiciary. The Act further provides that the court may require an applicant to complete a statement of means. It is an offence for an applicant to knowingly make a false statement or conceal a material fact for the purpose of obtaining legal aid.
The Deputy will appreciate that an accused person who faces serious charges is entitled to a fair trial and the presumption of innocence and if they cannot afford to pay for legal representation there is a right to legal aid. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation. Moreover, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend themselves in person or through legal assistance of their own choosing or, if they have insufficient means to pay for legal assistance, to be given it free when the interests of justice so require. The Deputy will also appreciate that the Criminal Legal Aid Scheme must operate with due regard to these rights and that any unreasonable block on legal aid could give a convicted defendant an avenue for appeal or prohibition of the prosecution. The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts. There is no limit to the number of occasions a person can be granted legal aid under the Criminal Legal Aid Scheme.
A new Criminal Legal Aid Bill is planned to update and strengthen the system of granting legal aid including transferring responsibility for the administration of the Scheme to the Legal Aid Board. Consideration is being given to including in the Bill provisions to, inter alia, regulate better the taking of statements of means, increase the sanction for false declarations, allow the Board to verify the means of applicants and to prosecute cases of abuse. Provision to give power to the Legal Aid Board to recover the costs of criminal legal aid or to make application to a court to revoke a criminal legal aid certificate are also under consideration. These provisions must have regard to a person's rights to the presumption of innocence, to a fair trial and to be given legal aid, where appropriate.
175. Deputy Michael McGrath asked the Minister for Justice and Equality the number of drug seizures in Cork city and county for each of the years 2011, 2012 and to date in 2013; and the quantity, type and value of drug seizures involved. [54570/13]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to the information sought by the Deputy. I will contact the Deputy again when the report is to hand.
176. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his views on whether the closure of Garda stations and the failure of his Department to allocate proper resources for the upgrading of the Garda motor vehicle pool has led to a significant increase in criminal activity in the midlands; if he will provide, in tabular form, the number of Garda stations that have closed in County Westmeath from 2008 until 2012-13; and the instances of robberies and burglary that have been reported to An Garda Síochána in County Westmeath from 2008 until 2012-13. [54598/13]
Amharc ar fhreagraThe Deputy will be aware that the management and allocation of all Garda resources is a matter for the Commissioner and one in which I have no function. These allocations are continually monitored to ensure that the best possible service is provided across all communities.
In developing his policing plan for 2013, the Commissioner determined that the Garda stations in Ballinahowan, Castletowngeoghegan, Finea and Rathowen in County Westmeath should be closed. These stations were closed on 31st January 2013 and are the only Garda stations in Westmeath that have been closed since 2008. The closure of these and other Garda Stations around the country has resulted in an additional 61,000 patrolling hours being made available to the communities right across the country.
In addition to this, I recently secured a further €9m for investment in the Garda fleet, made up of an additional €5m this year and a further €4m in 2014. I am informed that as a result of this ongoing investment, a total of 438 new vehicles have either been or will be provided to the Garda Síochána in the course of 2013. This brings to €18m the total amount spent on the Garda fleet for the three years 2012 to 2014 and represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited.
I would draw the Deputy's attention to the official recorded crime statistics, published by the Central Statistics Office and which are available on their web site, which show reductions in 12 out of the 14 categories for which figures are given in the twelve months ending 30 June 2013. I have requested the CSO to provide the requested statistics directly to the Deputy.
177. Deputy Pearse Doherty asked the Minister for Justice and Equality if the report by the Health Service Executive regarding a convicted sex abuser (details supplied) in County Donegal has been completed and made available to him; if the report by the Garda Commissioner regarding the same offender has been completed and made available to him; and if he will make a statement on the matter. [54640/13]
Amharc ar fhreagraThe Deputy will appreciate that I have no function in relation to any inquiries carried out by the Health Service Executive in this regard.
In relation to the matters under investigation by An Garda Síochána, I am informed by the Garda authorities that a report in relation to the case has been forwarded to the Office of the Director of Public Prosecutions. In these circumstances, it would not be appropriate for me to make any further comment.
